14:53Arson with intent to defraud
Arson with intent to defraud is the setting fire to, or damaging by any explosive substance, any property, with intent to defraud
Effective: 08/01/2014 - Present
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14:53 A.Arson with intent to defraud - charging & definition
Arson with intent to defraud is the setting fire to, or damaging by any explosive substance, any property, with intent to defraud.
Effective: 08/01/2014 - Present
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14:53 B.Arson with intent to defraud - penalty
B. Whoever commits the crime of arson with intent to defraud shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than five years, or both.
Effective: 08/01/2014 - Present
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14:54.1Communicating of false information of planned arson
Communicating of false information of arson or attempted arson is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any threat or false information knowing the same to be false, including bomb threats or threats involving fake explosive devices, concerning an attempt or alleged attempt being made, or to be made, to commit either aggravated or simple arson.
Effective: 08/01/2017 - Present
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14:54.1 A.Communicating of false information of planned arson - charging and definition
Communicating of false information of arson or attempted arson is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any threat or false information knowing the same to be false, including bomb threats or threats involving fake explosive devices, concerning an attempt or alleged attempt being made, or to be made, to commit either aggravated or simple arson.
Effective: 09/07/1990 - Present
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14:54.1 B.Communicating of false information of planned arson - penalty
Whoever commits the crime of communicating of false information of arson or attempted arson shall be imprisoned at hard labor for not more than fifteen years.
Effective: 08/01/2017 - Present
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14:54.2 A.Manufacture and possession of delayed action incendiary devices - charging and definition
It shall be unlawful for any person without proper license as required by R.S. 40:1472.1 et seq. to knowingly and intentionally possess or have under his control any instrument, device, chemical, or explosive substance which is arranged, manufactured, mixed, or so made up as to be a device or substance which, when exposed to heat, humidity, air, or foreign elements, will after prolongation of time burst into flame, ignite, cause to be ignited, or explode.
Effective: 08/01/2014 - Present
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14:54.2 B.Manufacture and possession of delayed action incendiary devices; penalty - exception for fireworks per 51:650
This Section shall not apply to fireworks possessed within the meaning and contemplation of R.S. 51:650 et seq.
Effective: 08/01/2014 - Present
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14:54.2 C.Manufacture and possession of delayed action incendiary devices - penalty
Whoever violates this Section shall be fined not more than ten thousand dollars or be imprisoned at hard labor for not more than twenty years, or both.
Effective: 08/01/2014 - Present
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14:54.3 A.Manufacture and possession of a bomb - charging & definition
It shall be unlawful for any person without proper license as required by R.S. 40:1472.1 et seq., knowingly and intentionally to manufacture, possess, or have under his control any bomb.
Effective: 05/30/2013 - Present
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14:54.3 B.Manufacture and possession of a bomb - definition of bomb
A 'bomb', for the purposes of this Section, is defined as an explosive compound or mixture with a detonator or initiator, or both, but does not include small arms ammunition. The term 'bomb', as used herein, shall also include any of the materials listed in Subsection C present in an unassembled state but which could, when assembled, be ignited in the same manner as described in Subsection C, when possessed with intent to manufacture or assemble a bomb.
Effective: 09/09/1988 - Present
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14:54.3 C.Manufacture and possession of a bomb - definition of explosive
As used herein the term 'explosive' means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.
Effective: 09/09/1988 - Present
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14:54.3 D.Manufacture and possession of a bomb - exception for fireworks under 51:650
This Section shall not apply to fireworks possessed within the meaning and contemplation of R.S. 51:650 et seq.
Effective: 09/09/1988 - Present
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14:54.3 E.Manufacture and possession of a bomb - penalty
Whoever violates this Section shall be fined not more than ten thousand dollars or be imprisoned at hard labor for not more than twenty years, or both.
Effective: 09/09/1988 - Present
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14:54.4 A.Forfeitures - property subject to forfeiture
The following shall be subject to seizure & forfeiture: any instrument, device, chemical or explosive substance which is arranged, manufactured, mixed or so made up as to be a device or substance which, will burst into flame, ignite, cause to be ignited or explode, or raw materials used or intended to be used in the manufacture of such instrument, device, chemical or explosive substance; any bomb per in R.S. 14:54.3; all property which is used, or intended for use as container for property in Paragraphs (1) and (2); including aircraft, vehicles, or vessels, which are used or intended for use, all conveyances including aircraft, vehicles, or vessels, which are used or intended for use, to transport, property in (1) & (2)
Effective: 09/07/1979 - Present
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14:54.4 B.Forfeiture - procedure for forfeiture
Any property subject to forfeiture under this Section may be seized under process issued by any court of record having jurisdiction over the property except that seizure without such process may be made when: the seizure is incident to an arrest with probable cause or a search under a valid search warrant or with probable cause or an inspection under valid administrative inspection warrant and the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this Section.
Effective: 09/07/1979 - Present
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14:54.4 B.Fake explosive device - definitions of fake explosive device and public safey agency
For purposes of this Section the following words shall have the following meanings:
(1) A 'fake explosive device' means any device or object that by its design, construction, content, or characteristics appears to be or to contain an explosive, an explosive compound or mixture with a detonator or initiator, or both, but is, in fact, an inoperative facsimile or imitation of such a destructive device, bomb, or explosive as defined in R.S. 14:54.3.
(2) A 'public safety agency' means the Department of Public Safety and Corrections, a fire department, an emergency medical or rescue service, a law enforcement agency, or a volunteer agency organized to deal with emergencies.
Effective: 07/23/1991 - Present
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14:54.4 C.Forfeiture - return if charges dismissed or accused is acquitted
After seizure, all conveyances taken under this Section shall be immediately returned to the owner when the charges of violating R.S. 14:54.2 and 54.3 in which the conveyance was involved are dismissed by the district attorney or dismissed by the district court, on the basis of a preliminary hearing or other preliminary proceedings, or when the accused is acquitted following a trial. Vehicles seized shall be forfeited upon a showing by the DA of a conviction for a violation under which seizure is authorized by this Section, showing by the DA that the seizure was made incident to an arrest with probable cause, a showing by the district attorney that the owner of the conveyance was knowingly and intentionally a party to a violation
Effective: 09/07/1979 - Present
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14:54.4 D.Forfeiture - property under Section not repleivable, but deemed in custody of the law enforcement
Property taken or detained under this Section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure subject only to the orders and decrees of the court of record having jurisdiction thereof. Whenever property is seized under the provisions of this Section, the law enforcement officer or employee making the seizure shall place the property under seal, remove the property to a place designated by the valid warrant under which such property was seized; or request that the Department of Public Safety take custody of the property and remove it to an appropriate location for disposition in accordance with law.
Effective: 09/07/1979 - Present
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14:54.4 E.Forfeiture - use of property by agency making seizure
Whenever property is forfeited under this Section, the law enforcement agency making the seizure may: retain the property for official use except the conveyances described in R.S. 14:54.4(A)(4); or sell any forfeited property, which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be used for payment of all costs of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs; or request that the Department of Public Safety take custody of the property and remove it for disposition in accordance with law.
Effective: 09/07/1979 - Present
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14:54.4 F.Forfeiture - authorization to designate persons to carry out seizures
Any law enforcement agency is empowered to authorize, or designate officers, agents, or other persons to carry out the seizure provisions of this Section.
Effective: 09/07/1979 - Present
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14:54.4 G.Forfeiture - District attorneyshall proceed in district court having jurisdiction
The district attorney within whose jurisdiction the vessel, vehicle, or aircraft or other property has been seized because of its use, attempted use in violation of R.S. 14:54.2 or R.S. 14:54.3, shall proceed against the vessel, vehicle, or aircraft or other property as provided in Subsection C in the district court having jurisdiction over the offense and have it forfeited to the use of or the sale by the law enforcement agency making the seizure.
Effective: 09/07/1979 - Present
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14:54.4 H.Forfeiture - if residence of owner unknown, court shall appoint attorney, contradictory rule held within 10 days
Where it appears by affidavit that the residence of the owner of the vessel, vehicle, aircraft or other property is out of state or is unknown to the district attorney, the court shall appoint an attorney at law to represent the absent owner, against whom the rule shall be tried contradictorily within ten days after its filing. This affidavit may be made by the district attorney or one of his assistants. The attorney so appointed may waive service and citation of the petition or rule but shall not waive time nor any legal defenses.
Effective: 09/07/1979 - Present
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14:54.4 IForfeiture - property being sold shall be advertised and sold after 10 days at auction without appraisal
Whenever the head of the law enforcement agency effecting the forfeiture deems it necessary or expedient to sell the property forfeited, rather than retain it for the use of the law enforcement agency, he shall cause an advertisement to be inserted in the official journal of the parish where the seizure was made, and after ten days, shall dispose of said property at public auction to the highest bidder, for cash and without appraisal.
Effective: 09/01/1979 - Present
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14:54.4 J.Forfeiture - proceeds collected from sale paid into state treasury
The proceeds of all funds collected from any such sale, except as provided in R.S. 14:54.4(E)(2), shall be paid into the state treasury.
Effective: 09/07/1979 - Present
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